Most everyone has had the unenviable experience of being pulled over. Whether it’s a speeding ticket, or a warning for expired plates, being pulled over is pretty unpleasant time. Fortunately, these encounters tend to be brief and somewhat painless. Sometimes, however, they are not. What started as a simple traffic stop may quickly escalate into something more. This blog provides a brief overview of your rights during a traffic stop. The Fourth Amendment protects against “unreasonable searches and seizures.” A seizure, for Fourth Amendment purposes, occurs whenever an officer restrains or terminates a person’s freedom of movement. This can occur through ...
Tag: Fourth Amendment
October 3, 2019CD
Unfortunately, the answer is, it depends. Generally speaking, police officers are required to obtain a warrant from a neutral magistrate before conducting a search or seizure. Evidence obtained in violation of this general rule is excluded at trial by a motion to suppress. There are, of course, exceptions that you should be aware of to avoid unnecessary risk. This blog provides a brief explanation of the warrant requirement, looks at the exceptions, and most importantly, illustrates the importance of good trial counsel. The Fourth Amendment of the Constitution protects against “unreasonable searches and seizures” by prohibiting “as a general rule, searches ...
September 25, 2019CD
What makes our society safe (police) and free (doing what you want) is the delicate balance of power created by the Fourth Amendment to the United States Constitution. For Hoosiers, there is also a balance of power created by Article 1, Section 11 of the Indiana Constitution. A topic not well understood but in the daily news is when the police act (or fail to act). For police and citizens there is no agreement in any given case, but do you know the law? This blog post explores when police may “stop” a person on the street or public place. This is ...
August 9, 2017CD
A great deal of criminal law turns on bedrock constitutional tenets set forth in the United States Constitution, in particular, the Fourth, Fifth and Sixth Amendments. Anytime police are searching your car or home, the Fourth Amendment applies in several ways. One of the misunderstood concepts is protective sweeps for officer safety, a topic again just addressed by the Indiana Court of Appeals. Obviously, at this time with police officers in some areas being targeted, it makes sense that in a stop of a car or search of a home, a police officer could look for weapons that might pose an ...
May 24, 2017Adam Hayes
The Implications of Scotus Riley V. California Today, more than 90% of American adults carry cell phones (which are really mini-computers) and, by now, most are likely aware that these devices contain a digital record of nearly every aspect of their lives, from the mundane to the intimate. Some may assume this is private, but, the judiciary has helped to preserve our digital privacy, namely the U.S. Supreme Court’s 2014 ruling in Riley v. California that is still working its way into the law and requires a warrant for all cell phone searches after to arrest, absent an emergency like the phone might ...
March 23, 2017Adam Hayes